The Victorian Criminal Justice System SAC 1B

Question 1

original jurisdiction

Answer 1

ability of courts to hear or determine a matter for the first time.
heard for the first instance

Question 2

appellate jurisdiction

Answer 2

ability of courts to hear matters on appeal
reviewing a descion

Question 3

2 reasons for a court hierarchy - CRIM

Answer 3

1. specialization
2. appeals

Question 4

Specialization

Answer 4

developing expertise or a very thorough knowledge and experience in a particular area
- jurisdiction to determine certain cases to allow judges or magistrates will develop expertise or specialist knowledge make descion more efficiently and consistently.

Question 4

Specialization

Answer 4

developing expertise or a very thorough knowledge and experience in a particular area
- jurisdiction to determine certain cases to allow judges or magistrates will develop expertise or specialist knowledge make decision more efficiently and consistently.

Question 5

Appeals

Answer 5

ability to have your matter/ case heard for a second time by a more superior judge/court
the hierarchy is ranking system where indiv can take matter to a higher court

Question 6

Name two specialist courts

Answer 6

Koori court
childrens court

Question 7

Koori court

Answer 7

a sentencing court in mag crt, childrens court, county crt for aboriginal or torres strait islander descent if plead guilty to offence
magistrate is in charge of proceedings and makes final decision n but in presence of a koori elder to contribute during hearing

Question 8

roles of the judge

Answer 8

• remain imparital + netural, X favour or connection to either party
• ensure law is applies correctly to the case heard
• assist a self-rep indiv in court/ direct them to dutylawyer for assistance
• X intervene unnecessarily / X prompt party to ask a question

Question 9

Name the 4 responsibilities of the judge

Answer 9

1. manage the trial
2. decide on admissibiltity of evid
3. attend jury matters
4. handing down a sentence.

Question 10

responsibilities of the judge
—> 1. manage the trial

Answer 10

judge ensures correct procedure is followed so that both parties have equal opp to present their case.
Give directions to parties and making orders, eg. how evid is to be given

Question 11

responsibilities of the judge
–> 2. decide on admissibiltity of evid

Answer 11

judge decides what type of evidence can be admitted, ensuring evid is relevant to trial X prejudice opinion

Question 12

responsibilities of the judge
–> 3. attend jury matters

Answer 12

if jurors have questions in trial can ask judge via foreperson, clarrify issues raised. Once case concluded judge summarises case to jury and explain law, identify any evid which will assit jury w final desc

Question 13

responsibilities of the judge
–> 4. handing down a sentence.

Answer 13

crim case if found guilty/ plead guilty, the judge decides appropriate sanction following guidelines in Sentencing Act 1991 VIC

Question 14

roles of the jury

Answer 14

remain impartial and unbasied
listen to evid and facts presented
apply law based on guidance from judge
make descion based on community values and standards.

Question 15

name 4 responsibilities of jury

Answer 15

1. listen to all evid and submissions from both parties.
2. listen to the judge explain the law
3. decide questions of fact
4. reach and deliver a verdict.

Question 16

responsibilities of jury
1. listen to all evid and submissions from both parties.

Answer 16

listen to all evid and sub from both parties in impartial nature and w/o bias,
determine extent to evid is the believed/ put aside prejud

Question 17

responsibilities of jury
2. listen to the judge explain the law

Answer 17

accept/apply judge’s directions of law, follow given inst based on judge on questions of evidence, procedure and points of law
follow judges direction, if issued, to acquit the accused

Question 18

responsibilities of jury
3. decide questions of fact

Answer 18

both parties at trial provide evidence, but jury is decider of fact

Question 19

responsibilities of jury
4. reach and deliver a verdict.

Answer 19

jury room to deliberate abt case w jury members to discuss evidence
come to agreement based on standard of proof

Question 20

magistrates court original jurisdiction

Answer 20

summary offences
indictable offences heard summarily
bail and warrant applications

Question 21

county court appellate jurisdiciton

Answer 21

hear appeald from mag court on sentence ( severirty/ leinency) and convicitons

Question 22

supreme court TRIAL DIV appellate jurisdiction

Answer 22

appeals from mag crt on point of law OR on conviction in limited circumstances

Question 23

supreme court COA appellate juris

Answer 23

appelas from county court or sup court TD

Question 24

role of the parties

Answer 24

The role of each party is to manage and control their case. Depending on who the parties are, they have different responsibilities.

Question 25

role of legal practitioners

Answer 25

Legal practitioners are to undertake the role preparing and conducting the case. Legal practitioners are subject to various laws that impose duties and obligations on them. The most important duty is to the court and administration of justice. Legal practitioners cannot mislead or deceive the court, they can’t place incorrect facts before the courts. The duty to the court is over and above their duty to the client

Question 26

solicitor

Answer 26

the role of a solicitor is to prepare the ‘brief’ for the barristers. This will entail contacting the other party and the court, preparing documentation necessary for the case, researching the necessary law and relevant precedents of previous cases, gathering evidence and ensuring all materials are ready for trial and briefing the barrister

Question 27

barrister

Answer 27

the role of a barrister, also known as a counsel or advocate, is to represent the party in court. The primary responsibility of a barrister is to act on behalf of their client. They act as independent practitioners who take their instruction from solicitors.

Question 28

responsibility of the parties

Answer 28

• entering a plea
  accused plead guilty or not guilty, if not guilty than present evid in trial
  -presenting opening/closing adress
  beg pros give statement to jury abt charges of acc and based on evid they have collected/ filled //// concl pros and acc can sum up to jury
  -presenting their case
  pros if req to presenet to jury than all credible evid if relevant even if X support p case/ accused can present evid to prove hwy X guilty but X have too

Question 29

responsibility of legal prac

Answer 29

1. PRESNEITNG PREPARING THIER CASE
   Legalpractitioners need to be prepared and familiar with their case such as which documents are to be entered into evidence and which witnesses to call + questions to ask. They are also responsible for presenting their case in the manner that has the best interest of their client. This can include examining and cross-examining witnesses + making submissions on sentencing.

2.COMPLYING W DUTY TO COURT
Legal practitioners owe a duty to the court. This means that they must act ethically and in accordance with the law, even if it means going against the client’s instructions.

Question 30

5 purposes of criminal sanctions

Answer 30

punishment
protection
deterrence
denunciation
rehabilitation

Question 31

punishment

Answer 31

loss / burden on the offender in a manner that is just given the circumstances of the crime committed.
hierarchy of sentencing allows various degrees of loss

Question 32

protection

Answer 32

protection of the community agaisnt the offender (keeping the community safe), against potentially harmful actions of the offender

Question 33

deterrence

Answer 33

discourage the offender from reoffending and the community from committing same crime

Question 34

general deterrence

Answer 34

discourage general public from committing crimes

Question 35

specific deterrence

Answer 35

discourage offender from particular offender reoffending

Question 36

denunciation

Answer 36

disapproval or condemn the actions of the offence, criticize their offence publicly and demonstrate that is was wrong

Question 37

rehabilitation

Answer 37

address the underlying causes of the offender committing the crime, establish conditions to alter and modify the behavior to abandon wrong doing and reintegrate into society.

Question 38

fine

Answer 38

a monetary penalty for an offence, most common sanction cna be w or w/o conviction.
usually low level crim off b/c cost effective and speedy sanction.

sentencing act sets the minimum fine for a particular offence

each penalty has a unit value of $165.22 in 2019-20

Question 39

community corrections order

Answer 39

flexible sentencing order that is given to a guilty offender, entitling them to remain in the comm whilst complying w certain conditions.

introd in 2012, from 2017 not for cat 1 or 2,
max length is 5yrs

basic condic eg not reoff, not leaving vic w/o permision, reporting to cco centre

optional conditions eg medical treatment, remain free of alcohol

if breaches cco then sentenced for orig offence potentially w ADDITIONAL 3 MONTHS IMPRIOSN, OR 30 PEANLTY UNITS

Question 40

imprisonment

Answer 40

most serious sanction where offender is removed from society and held in custody for a defined period fo time

last resort where judge most consider all other sentencing options as per sent act
concurrent = more than one offence served at sane time
cumulative = more serious off, all terms of imprisonment are added together to form total period of impriosnmewnt

Question 41

mitigating factors

Answer 41

evid abt offender or crime which may reduce severit or culpability of offence
eg age, disadvataged background, effects or priosn

Question 42

aggravating fac

Answer 42

evid abt off that may lead to more severe sanction
eg violence or weapons, gravity of offence, vulnerability of victims

Question 43

guilty plea

Answer 43

acc admits involvement w off t/f precent full trial
- sign of remorse

Question 44

victim impact statements

Answer 44

statement filed with court containing particular ang injury, loss or damage suffered by victim as a result of offence
read out in court can infl sentencing

Question 44

victim impact statements

Answer 44

statement filed with court containing particular ang injury, loss or damage suffered by victim as a result of offence
read out in court can infl sentencing

Question 45

Three factors affecting crim justice system achieving justice

Answer 45

cost factors
time delays
cultural

Question 46

cost factors

Answer 46

legal systen can be expensive t/f may limit ability of many to use the sys fairly and equally
ls = relies on parties having the best available assistance
cost based off compl of case, court , length

interviewing wit, drafitng doc, reviewing pros doc

Question 47

time delays

Answer 47

delays occour b/c of lack of resources, time to negotiate a plea, facilities many be x working or full, overlisting cases

for acc, vic , wit delays = expensive, cause sig stress whilst waiting for case to be finalized.
if denied bai; - denied liberity
- may result in truma and hardships for victims
witness may x remeber details
- contributes to stress

Question 48

cultural factos

Answer 48

FN
- lang barries - older fns= X strong grasp of english
cul norms= direct eye contact X accpetable so may be difficult or conflicting

Migrants
- different culture = cultural practices may be illegal or X acceptable which may lead to facing crim justie system
-experiencing truma = fear and distrust of police

Question 49

Name two reforms to the crim justice system

Answer 49

• Client priority and capacity policy 2019; victorian legal aid
• drug court expanded in regional victoria

Question 50

Client priority and capacity policy 2019 - Victorian legal aid

Answer 50

vla in 2019 aimed to improve the ways in which vla offers services and support those whi need them, improving efiecnecy of crim justice system
priorities services to clients by considering 3 factors:
- the priotiy characteristics relevant to the indiv
- their capacity to understand and adress legal prob
- the contect and characteristics of th elegal problem to the individual present with consideration rented and possibel service response to the problem

Question 51

Drug court expanded in regional Victoria

Answer 51

mrch 2020, leg estab drug court division in county court of ballarat and shep. to adress drug and alcohol issues or substance related offending
- decrease reoff, improve com safety, decrease burden on courts
elibility:
- live in catchemnt area of drug crt, dependent on drugs/alcohol that contributed to offen, facing an immediate term of imprsionment not exceeding 2 yrs
- non sexual nature charges or not including bodily harm unless minor
- plead guiltu

Question 52

name 2 recommeneded reforms to crim jsu

Answer 52

trial by judge alone
review of victorias ocmittal system

Question 53

trial by judge alone

Answer 53

-increase fiar trial
jury may x be able to shut off prejudice, perception and focus on criminal allegations and eviidence when high media profile
x recieve fair trial if jury know allegations from media –> prejudice

Question 54

review of vic comittal system

Answer 54

more effiecnt timely and fair process for vic, wit and acc
early identification of cases that may be det summ, encourage early guilty plea, facilitate efficent use of crt time
issues heairng to identify and potential challenges
minimize need for victims and vuln wit to testifty/ give evid mulitple times